내사종결처분의 법적 성질

Abstract

A closing decision of an interim investigation case refers to the final decision

by which a case is accepted as an interim investigation before the case is

formally filed as a criminal case. The prosecutor's office deals with the petition,

appeal, letter of information, and some cases complaint by a crime victim or

third party which are considered to be insufficient to make the case as the cases

of interim investigation. Since the closing decision of an interim investigation

case is becoming more frequent, even the lay-persons are becoming familiar with

the term interim investigation or a suspect under an interim investigation. The

problem is that the term interim investigation or a closing decision of an

interim investigation case is not stipulated in the Code of Criminal Procedure.

The term is based on administrative rule of prosecutorial cases. It is evident that

the closing decision of an interim investigation case is not a word in an official

act and it has been expanded based on the procedures in practice.

The prosecutor's office has been utilizing the closing decision of an interim

investigation case frequently. So far the rulings of Constitutional Court and the

Supreme Court were generous on the closing decision of an interim investigation

case. The reason was that it had no quality of measurement externally because it

was one of the cases dealt inside the prosecutor's office. Because of that, the

Constitutional Court dismissed complaining citizen's constitutional petition on the

closing decision of an interim investigation case and the Supreme Court rejected

the appealing against a prosecutorial decision not to indict to a High Court. In

addition, it has become that a defendant and a suspect could not ask for...